1.2. By agreeing to these Terms you appoint us as your agent to conclude a separate and direct agreement between you and each project you support, in the form set out in the Schedule.
1.4. Your use of this site constitutes acceptance of these Terms, which take effect on the date of your first use of the Site.
1.5. In these Terms the expression:
1.5.1. “Backer” shall mean any person registered on this Site as a supporter of a Project.
1.5.2. “Donation” shall mean a contribution to a Project.
1.5.3.“Thundafund” is the trading name of Thundafund Pty Ltd, a privately limited liability company incorporated under the laws of South Africa with registered number 2012/140495/07 and its registered office at 108 Kloof Street, The Deck, Cape Town, 8001.
1.5.4. “Reward” shall mean any product or service provided by a project in return for a Backer’s support for a Project.
1.5.5. “Non-cash Reward” shall mean any non-cash incentive (such as goods, services or events) offered by a project in return for a Backer’s support for a Project.
1.5.6. “Project” shall mean any organisation or initiative listed on this Site for which a Project wishes to gather Support.
1.5.7. “Support” shall mean any funds or other support provided by you to a Project, through this Site to support a Project including gifts or loans.
2.1. Thundafund reserves the right to change these Terms at any time. Your continued use of this Site after changes are posted online constitutes your acceptance of the Terms as modified.
3. Interruptions, errors and omissions
3.1. Whilst all reasonable endeavours will be made to ensure the maintenance and availability of this Site, Thundafund does not accept liability arising from any errors, omissions, interruptions of service or delays that may occur in connection with this Site.
3.2. There may be times when our online services are unavailable due to planned maintenance. We will try to inform you in advance of any such suspension through a general notice on this Site but this may not always be practicable.
3.3. We may vary the specification of this Site from time to time without notice.
4.1. There is no minimum age requirement for registering to use this Site.
5.1. Those who wish to register to use this Site will be required to create a username and password. This information is personal, not transferable and must not be shared with anyone. You acknowledge that you are responsible for all information and activity on this Site by anyone using your username and password.
5.2. Any breach of security or unauthorised use of a username, password or security information must be reported to Thundafund immediately.
5.3. Thundafund reserves the right not to act on your instructions if it reasonably suspects that the person logged into your Thundafund account is not you or it suspects unauthorized use or fraudulent activity.
6. Acceptable use
6.1. You must ensure that all information supplied by you is true, accurate, and up-to-date at all times.
6.2. You agree to use this Site only for lawful purposes and in a manner which does not infringe the rights or restrict or inhibit the use and enjoyment of the site by any third party.
6.3. You are solely responsible for any information submitted by you to this Site. You hereby agree that any content posted by you on the Site will not:
6.3.1. be misleading;
6.3.2. break any law or encourage an illegal act;
6.3.3. be defamatory, abusive or offensive;
6.3.4. infringe the copyright, privacy, confidentiality or other right of any third party;
6.3.5. contain software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; and/or
6.3.6. bring Thundafund or the Thundafund website into disrepute.
6.4. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it.
6.5. You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse by you of this Site.
6.6. While this Site is intended for South African residents, it may be used by residents of other jurisdictions. Users of this Site in jurisdictions outside South Africa should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, users should ensure that they are able to use this Site without contravention of legal restrictions in the jurisdiction in which they reside.
6.7. You are responsible for ensuring that all persons who access this Site through your internet connection are aware of these Terms, and that they comply with them.
7. Limitations of liability
7.1. While every effort has been taken to ensure that all content is correct and not misleading, Thundafund cannot and does not verify all of the information contained on this Site. Projects are fully responsible for the accuracy of the information disclosed on this Site in relation to Projects and it is your sole responsibility to verify the information. Thundafund therefore accepts no liability, either express or implied, for any direct, indirect or consequential loss suffered due to the accuracy or completeness of information contained on the Project pages of this Site. This limitation includes, but is not restricted to:
7.1.1. loss of income or revenue;
7.1.2. loss of business;
7.1.3. loss of profits or contracts;
7.1.4. loss of anticipated savings;
7.1.5. wasted expenditure or time;
7.1.6. loss of goodwill;
7.1.7. or other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.
7.2. Thundafund hereby excludes all representations, warranties and conditions relating to this Site and your use of it to the maximum extent permitted by law.
8. Risks of backing a Project featured on this Site
8.1. Thundafund is committed to providing a secure platform for Backers to provide support to ethical Projects profiled on this Site.
8.2. Thundafund shall ensure that Projects seeking to raise funding through this Site do so for Projects which in Thundafund’s reasonable opinion will in sum, create positive change in the world.
8.3. The profiling of Projects on this Site should not be taken as endorsement.
8.4. Thundafund is in no way responsible for and does not control the activities of Projects. By agreeing to participate in any Project or otherwise using this Site, you understand that Thundafund makes no representation or warranty in relation to the activities of Projects and accepts no liability for any loss as a result of a Project’s acts or omissions.
8.5. Prospective Backers should be aware that any funds given by Backers to Projects will be unsecured. Supporting a Project involves significant risks and Backers may not recover all or part of any funds given, therefore Backers should not participate in a Project unless they can readily bear the consequences of such a loss. Thundafund does not accept responsibility for the partial or total loss of any funds given to a Project featured on this Site.
8.6. Prospective Backers acknowledge that:
8.6.1. Thundafund makes no projections as to the anticipated performance of Projects that appear on this Site, some of which may be start-ups with no operating history.
8.6.2. The extent to which Projects will be able to achieve their objectives may depend on factors outside their control, for which Thundafund does not accept responsibility.
8.6.3. All projects on http://www.thundafund.com are required to reach their Milestone 1: Tipping Point before their project closes in order to receive all their funds. And if their target is not reached, all Backers of the project will be reimbursed, less banking charges.
8.6.3. Non-cash Rewards associated with Projects featured on this Site are supplied by the Project to its Backers directly. Thundafund plays no role in the transfer of such Rewards and makes no representations or warranties regarding the appearance, quality, adequacy or suitability of such Rewards.
8.7. Except for payments Thundafund receives from Projects in satisfaction of sums owed to their Backers, Thundafund is under no legal or contractual obligation to provide to you any of the Rewards that appear on this Site. By participating in a Project you acknowledge that Thundafund is not responsible and shall bear no liability if for any reason the Project fails, whether in whole or in part, to provide a Reward associated with a Project.
8.8. It is not intended that anything stated in this Site should be construed as investment advice or as an invitation or inducement to engage in investment activity and this Site and the communications made on or through it are not therefore regulated financial promotions.
8.9. Any person who is in any doubt about backing a Project featured on this Site should consult an independent financial advisor or other appropriately qualified persons.
9. Gift vouchers and gift certificates
9.1. Gift certificates and vouchers are non-transferable and non-refundable.
9.2. You must ensure that the recipient of a Thundafund gift certificate or voucher is aware of these Terms and complies with them.
9.3. Once a voucher has been purchased the funds are held in a Thundafund account ready to be claimed.
9.4. Gift vouchers must be claimed by the gift recipient within two (2) years of purchase. If, after eighteen (18) months, the voucher has not been claimed, a first notification email will be sent to the gift recipient reminding them that the voucher will soon expire. If, after three (3) months of the first notification email the voucher has still not been claimed, an email will be sent to the gift purchaser to inform them that the gift voucher has not been claimed. The purchaser will then be given the opportunity to claim the voucher themselves. If, after two (2) months of the email being sent to the purchaser, the voucher has still not been claimed by either the gift voucher purchaser or recipient, a final notification email will be sent to the purchaser. If after one (1) month the voucher has still not been claimed, the voucher will expire. All funds will be forfeited and Thundafund reserves the right to transfer the funds to a charitable organisation of its choice.
9.5. Gift certificates must be claimed within two (2) years of purchase. If, after eighteen (18) months, a gift certificate has not been claimed, a first notification email will be sent to the gift recipient reminding them that the certificate will soon expire. If, after three (3) months of the first notification email the certificate has still not been claimed, an email will be sent to the gift purchaser to inform them that the gift certificate has not been claimed. If, after two (2) months of the email being sent to the purchaser, the certificate has still not been claimed, a final notification email will be sent to the purchaser. If after one (1) month the certificate has still not been claimed, it will expire. The Project will retain the funds and will be under no obligation to deliver any of the Rewards due in relation to the Project to the gift purchaser or the gift recipient.
9.6. Rewards are due from the date a gift certificate is claimed and not from the date it is purchased.
10. Liability for loss of or damage to property and death or personal injury
10.1. Thundafund is not responsible for ensuring that activities and events organised by Projects are covered by appropriate insurance. By participating in such activities or events you acknowledge that Thundafund is not liable for any loss of or damage to personal property that may occur.
10.2. Notwithstanding any other provision of these Terms, Thundafund does not purport to exclude or restrict its liability for fraud or for any death or personal injury which may be caused by its actions.
11. Links to other sites
11.1. The Site contains links to websites of other charities and organisations. The links are provided for your convenience only. Thundafund does not approve or endorse any third party or its website and takes no responsibility for the content or security of such sites. Thundafund accepts no liability for any direct, indirect or consequential loss you may suffer as a result of the use of websites owned or operated by third parties.
11.2. Furthermore, Thundafund will not be party to or in any way responsible for any agreement or transaction concluded between you and any such third party website owner or operator.
12.1. You are responsible for ensuring that all information, data and files are free of viruses and do not interfere with any system or data prior to being submitted to this Site.
12.2. Whilst Thundafund makes all reasonable attempts to exclude viruses from this Site, we do not accept responsibility for any loss, disruption or damage to your data or your computer system that may occur whilst using this Site. You are strongly recommended to take all appropriate safeguards before using this Site.
13.1. All materials on this Site are owned by and subject to the copyright of Thundafund, affiliated Projects or third parties.
13.2. No part of this Site, including information, images, photos, logos, names or icons may be copied, republished, posted, or reproduced in any form whatsoever without the prior written permission of the copyright holder. You are, however, permitted to access, copy and reproduce materials for your personal non-commercial use only.
13.3. You retain copyright and any other rights you already hold in content which you submit, post or display on or through this Site. By submitting, posting or displaying the content you give Thundafund a continuous, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, publicly display and distribute any content which you submit to the Site, unless otherwise agreed in writing between you and Thundafund.
14.1. Thundafund reserves the right to cancel a Project profile and refund all associated Backers’ payments at any time for any reason without notice.
14.2. Thundafund may terminate your access to all or any part of this Site at any time for any reason without notice, and may change, suspend or discontinue all or any part of its online services at any time without notice.
14.3. If Thundafund terminates your access to this Site or suspends your account for any reason other than a breach of these Terms or as a result of criminal activity, we will endeavour to return any funds that belong to you within twenty one (21) days. In situations where funds have already been transferred to a Project, the Project will have a continuing duty to use its reasonable endeavours to provide to you directly the Rewards associated with the Project for which you have provided Support.
14.4. Thundafund reserves the right to suspend accounts with no transaction history for a continuous period of two (2) years. Thundafund will make all reasonable endeavours to notify the account holder prior to the suspension of an account in the following ways: 1) a notification email two years after the account’s last transaction; 2) a second notification email fourteen (14) days after the first notification email is sent; 3) a final notification email fourteen (14) days after the second notification email.
14.5. If the account remains inactive within thirty (30) days after the final notification email is sent, it will be suspended. The account holder will forfeit sums held in the account and they will be non-refundable. Thundafund reserves the right to transfer the funds to a charitable organisation of its choice.
14.7. All provisions of these Terms which either expressly or impliedly survive termination or expiry of these Terms shall survive termination or expiry, including but not limited to Terms regarding warranty disclaimers, indemnities and limitations of liability.
15.1. These Terms are only intended to be enforceable by you and Thundafund. A person who is not a party to these Terms has no right to enforce any of these Terms.
15.2. If any of these Terms are determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then they shall be severed and deleted from these Terms without affecting the enforceability of the remaining provisions.
16. Governing Law
16.1. These Terms shall be governed by and construed in accordance with the laws of South Africa.
17. Dispute Resolution
17.1. If any dispute arises in connection with these Terms, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by Thundafund, the mediation will be conducted in CapeTown and all negotiations up to and including the mediation shall be strictly confidential.
18.1. The courts of South Africa shall have exclusive jurisdiction to settle any dispute arising out of these Terms (including a dispute regarding the existence, validity or termination of all or part of these Terms or the consequences of its nullity).